Vavilov, Reasonableness Review and Logic

“Vavilov, Reasonableness Review and Logic” (2022) 35 Canadian Journal of Administrative Law & Practice 287

22 Pages Posted: 20 Dec 2023

Date Written: October 17, 2022

Abstract

In Canada (Minister of Citizenship and Immigration) v. Vavilov, the Supreme Court of Canada (SCC) introduces a new analytical framework for determining the attributes of a reasonable administrative decision. To do so, the majority emphasizes the “logic” of the administrative decision-maker’s reasons. In this article, I argue that its use of this new criterion is ill-advised. It is divided into four parts. A first part sets out a definition of “logic” in its classical sense. A second part shows that the use of the term “logic” by the SCC is usually a tool to frame its reasoning as “correct”. A third part demonstrates that Vavilov’s “logic” criterion implicitly introduces the language of correctness review into the reasonableness review framework. A final part examines some post-Vavilov judicial reviews, where I conclude that this criterion is unreliable, for it tends to create an arbitrary logic of reasoning.

Keywords: Reasonableness Review, Logic, Vavilov, Correctness Review

Suggested Citation

Guilbault, Louis, Vavilov, Reasonableness Review and Logic (October 17, 2022). “Vavilov, Reasonableness Review and Logic” (2022) 35 Canadian Journal of Administrative Law & Practice 287, Available at SSRN: https://ssrn.com/abstract=4660563

Louis Guilbault (Contact Author)

University of Cambridge ( email )

Cambridge
United Kingdom

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